Opinions Jan. 25, 2012

January 25, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Timothy Long v. State of Indiana
Criminal. Affirms sentence for Class A misdemeanor operating a vehicle while intoxicated and being a habitual substance offender. Because the master commissioner presided at Long’s guilty plea hearing, and not at a criminal trial, she did not have the authority to enter a final judgment on Long’s sentence. Marion Superior Judge Linda Brown did not err by rejecting the master commissioner’s sentence and imposing her own sentence.

Natalie E. Murrell v. State of Indiana
Criminal. The trial court did not err by rejecting Murrell’s defense of duress. Murrell’s Class C felony conviction of attempting to provide cellular telephones to an inmate does not violate the proportionality clause of the Indiana Constitution. Remands with instructions for the trial court to correct its written sentencing order to impose concurrent sentences.

Kevin Walsh v. Chris Sweeney Construction, Inc. (NFP)
Civil plenary. Affirms order foreclosing Chris Sweeney Construction’s mechanic’s lien on Walsh’s home, awarding Sweeny Construction unjust enrichment damages for unpaid labor services and attorney fees and denying Walsh’s counterclaims. Remands for correction of scrivener’s error.

Anthony Earl Coakley v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Michael D. Perkinson, Jr. v. Kay Char Perkinson (NFP)
Domestic relation. Reverses denial of motion to correct error that challenged the trial court order denying Perkinson Jr.’s verified petition for modification of parenting time and support. Remands for further proceedings.

Jeremiah L. Hancock v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to murder.

Jennifer Hutchens v. Gregory Sausaman (NFP)
Domestic relation. Affirms order granting custody of Hutchens’ daughter to Sausaman. Denies Sausaman’s request for appellate attorney fees.

Ryan N. Myers v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty plea to Class A felony child molesting.

Kenneth W. Gibbs v. Indiana Parole Board (NFP)
Miscellaneous. Affirms denial of Gibbs’ petition for mandate requiring the Indiana Parole Board to determine his parole eligibility based on a vote of all five board members.

Ellettsville Holdings, LLC v. Garnett D. Kinser (NFP)
Civil plenary. Affirms judgment in favor of Kinser on Ellettsville Holdings’ complaint for damages based upon claims of breach of the parties’ purchase agreement and breach of warranty.

Jameson Curry v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molesting, but remands for sentence modification pursuant to Appellate Rule 7(B).

James Roby v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony possession of cocaine.

In the Matter of the Term. of the Parent-Child Rel. of K.V., and Q.M.S. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Anthony P. Wamue v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dwayne Burnett v. Review Board of the Indiana Dept. of Workforce Development and Opportunity Enterprises, Inc. (NFP)
Agency appeal. Affirms finding that Burnett is disqualified from receiving unemployment insurance benefits.



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.